NATIONAL INSURANCE CO. LTD Vs. SONU DEVI

JUDGEMENT

(1.) Heard Ms. Pooja Arora, learned counsel for the appellant. None has appeared on behalf of the respondents. Accordingly, the appeal has been heard in his absence.

(2.) The instant appeal has been preferred under Sec. 173 of the Motor Vehicles Act being aggrieved against the award dtd. 31/8/2006 passed in Claim Petition No.346 of 2002 by the Additional District Judge, Court No.3/Motor Accident Claims Tribunal, Lucknow.

(3.) Briefly the facts giving rise to the above appeal are that a claim petition bearing number 346 of 2002 was filed by the claimant-respondents with the averments that in the intervening night of 16/17/11/2001 at around 11.30 P.M. the deceased was driving his scooter bearing number UP 32-I/9182. While he has reached near Chauhan Tent House at that time the offending vehicle DCM bearing number UP 14-K/5048 which was coming from opposite direction and was being driven rashly and negligently hit the scooterist as a result the scooterist Sunit Kumar Singh suffered grievous injuries and died on the spot. It is in respect thereto, a report in Police Station Madiyaon was also given. The claimants has submitted that the deceased was able to earn rupees six thousand per month and as such for the aforesaid death of Sunit Kumar Singh, the claimants had filed an application seeking compensation.